Common use of Remedies in the Event of Default Clause in Contracts

Remedies in the Event of Default. 18.1 If Tenant fails in the performance of any covenant or provision in this Lease (except payment of any installment of rent or other charge or money obligation hereunder required to be paid by Tenant), and if such failure shall continue for a period of thirty days after notice by Landlord, or in case of a failure which cannot with due diligence be cured within a period of thirty days, if Tenant fails to proceed with reasonable diligence to cure such failure promptly after the service of such notice and thereafter to prosecute the curing of such failure with all due diligence, Landlord may, but shall not be obligated to, cure or prosecute the curing of such failure at reasonable expense, which expense shall be additional rent hereunder and shall be paid to Landlord by Tenant on demand, and if necessary to cure such failure, Landlord shall be entitled to enter the Premises for such purpose. 18.2 Upon the occurrence of any of such defaults, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (i) Terminate this Lease, in which event Tenant shall immediately surrender to Landlord the Premises and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof under Tenant. (ii) Not terminate this Lease and enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be occupying the Premises or any part thereof under Tenant, and, if Landlord so elects, make such alterations and repairs as may be necessary to relet the Premises, and relet the Premises or any part thereof, as the agent of Tenant, at the reasonable fair rental value and for such term and subject to such terms and conditions as Landlord reasonably may deem advisable and receive the rent therefor. Upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any loss and expense of such reletting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; third, to the payment of the rentals and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future payments of rentals and other charges payable hereunder, as the same may become due and payable hereunder. Tenant agrees to pay to Landlord on demand any deficiency that may arise by reason of such reletting; notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. (iii) Landlord herewith specifically waives the rights to any lien for non-payment of rent or other sums agreed to be paid by Tenant herein, including, but not limited to, a waiver of liens on all fixtures, machinery, equipment, furnishings, and other articles of personal property now or hereafter placed in or upon the Premises by Tenant. This waiver includes, but is not limited to, a waiver of Landlord’s general and special liens for rent codified at O.C.G.A. §▇▇-▇▇-▇▇▇, et seq. Landlord agrees that if any lien is asserted against any property of Tenant, in contravention hereof, Landlord shall be liable to Tenant and shall indemnify and hold Tenant harmless for all damages arising out of placing of said lien and the placing of any such lien shall specifically constitute a breach by Landlord of this Lease. Landlord may pursue any of the foregoing remedies without precluding itself from pursuing any of the other remedies herein provided or any other remedies provided by law or in equity, except to the extent excluded herein, nor shall the exercise by Landlord of any remedy herein provided constitute a forfeiture or waiver of any rent or other money obligation due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the covenants and provisions herein contained. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. 18.3 Nothing in Paragraphs 18.1 or 18.2 hereof affects the rights of the parties under statutory provisions relating to actions for unlawful detainer, forcible entry, and forcible detainer.

Remedies in the Event of Default. 18.1 If Tenant fails In the event of any breach of this Lease by Lessee which shall not have been cured within ten (10) days after Lessee shall have received notice of such breach in the performance case of a breach of a monetary obligation to Lessor, or thirty (30) days after Lessee shall have received notice of such breach in the case of a breach of any covenant or provision in this Lease other obligation to Lessor (except payment of any installment of rent or other charge or money obligation hereunder required to be paid by Tenant)provided, and however, if such failure non-monetary breach cannot reasonably be cured within such thirty (30) day period, then such ten (10) day period shall continue be extended for a period of thirty days after notice by Landlord, or in case of a failure which cannot with due diligence be cured within a period of thirty days, if Tenant fails reasonably sufficient to proceed with reasonable diligence allow Lessee to cure such failure promptly after the service of breach, if within such notice and thereafter to prosecute the curing of such failure with all due diligence, Landlord may, but initial thirty (30) day period Lessee shall not be obligated to, cure or prosecute the curing of such failure at reasonable expense, which expense shall be additional rent hereunder and shall be paid to Landlord by Tenant on demand, and if necessary have commenced to cure such failurebreach and shall thereafter continue its efforts with due diligence), Landlord shall be entitled to then, at Lessor's option and without limiting Lessor in the exercise of any other rights or remedies which Lessor may have at law or in equity by reason of such breach, Lessor, with or without notice or demand, may: (a) Without terminating this Lease, re-enter the Premises for such purpose. 18.2 Upon the occurrence of any of such defaults, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: (i) Terminate this Lease, in which event Tenant shall immediately surrender to Landlord the Premises and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession of the Premises same, and expel or remove Tenant Lessee and all other parties occupying the Premises, and at any other person who may be occupying time and from time to time re-let the Premises or any part thereof under Tenantfor the account of lessee, for such term, upon such conditions and at such rent as Lessor may deem reasonably proper. In such event, Lessor may receive and collect the rent from such re-letting and apply it against any amounts due from lessee hereunder (including, without limitation, such expenses as Lessor may have incurred in recovering possession of the Premises, placing the same in good order and condition, altering or repairing the same for re-letting, and all other expenses, commission and charges, including reasonable attorneys' fees, which Lessor may have paid or incurred in connection with such repossession and re-letting). Whether or not the Premises are re-let, Lessee shall pay to Lessor all amounts required to be paid by Lessee up to the date of Lessor's reentry, and thereafter Lessee shall pay to Lessor, until the end of the term hereof, the amount of all rent and other charges required to by paid by Lessee hereunder, less the proceeds of such re-letting as provided above. Such payments by Lessee shall be due at such times as are provided elsewhere in this Lease. Lessor shall not be deemed to have terminated this Lease or the liability of Lessee for the total rent hereunder, by any re-entry or other act, unless Lessor shall give Lessee written notice of Lessor's election to terminate this Lease. (iib) Not terminate Terminate this Lease and by giving written notice to Lessee of Lessor's election to so terminate, re-enter upon the Premises and take possession of the Premises same, and expel or remove Tenant Lessee and any all other person who may be parties occupying the Premises or Premises. In such event, Lessor shall thereupon be entitled to recover from Lessee: (i) any part thereof under Tenant, and, if Landlord so elects, make such alterations and repairs as may be necessary to relet the Premises, and relet the Premises or any part thereof, as the agent of Tenant, unpaid rent which had been earned at the reasonable fair rental value and for such term and subject to such terms and conditions as Landlord reasonably may deem advisable and receive the rent therefor. Upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any loss and expense time of such reletting, including brokerage fees and attorneys’ fees and costs termination; plus (ii) the amount by which (A) the unpaid rent for the balance of the term after the time of termination exceeds (B) the amount of such alterations and repairs; third, to the payment of the rentals and other charges due and unpaid hereunder; and the residue, if any, shall rental loss that Lessee proves could be held by Landlord and applied in payment of future payments of rentals and other charges payable hereunder, as the same may become due and payable hereunder. Tenant agrees to pay to Landlord on demand any deficiency that may arise by reason of such reletting; notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breachreasonably avoided. (iii) Landlord herewith specifically waives the rights to any lien for non-payment of rent or other sums agreed to be paid by Tenant herein, including, but not limited to, a waiver of liens on all fixtures, machinery, equipment, furnishings, and other articles of personal property now or hereafter placed in or upon the Premises by Tenant. This waiver includes, but is not limited to, a waiver of Landlord’s general and special liens for rent codified at O.C.G.A. §▇▇-▇▇-▇▇▇, et seq. Landlord agrees that if any lien is asserted against any property of Tenant, in contravention hereof, Landlord shall be liable to Tenant and shall indemnify and hold Tenant harmless for all damages arising out of placing of said lien and the placing of any such lien shall specifically constitute a breach by Landlord of this Lease. Landlord may pursue any of the foregoing remedies without precluding itself from pursuing any of the other remedies herein provided or any other remedies provided by law or in equity, except to the extent excluded herein, nor shall the exercise by Landlord of any remedy herein provided constitute a forfeiture or waiver of any rent or other money obligation due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation of any of the covenants and provisions herein contained. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of such default. 18.3 Nothing in Paragraphs 18.1 or 18.2 hereof affects the rights of the parties under statutory provisions relating to actions for unlawful detainer, forcible entry, and forcible detainer.

Remedies in the Event of Default. 18.1 If (a) The following shall constitute an "Event of Default" hereunder: (i) Tenant fails in the performance of any covenant or provision in this Lease (except to make payment of any installment of rent Rent or any Additional Rent or other charge or money obligation sum payable by Tenant hereunder required to be paid by Tenant), and if such failure shall continue for a period of thirty within ten (10) days after receipt of written notice by Landlord, of non-payment or in case of a failure which cannot with due diligence be cured within a period of thirty days, if (ii) Tenant fails to proceed with reasonable diligence promptly or fully perform any other provision of this Lease on Tenant's part to be performed and fails to cure such failure promptly within thirty (30) days after the service receipt of written notice, or if such notice and thereafter to prosecute the curing of such failure with all due diligence, Landlord may, but shall breach cannot be obligated tocured within such thirty (30) day period, cure or prosecute the curing such longer period of such failure at reasonable expense, which expense shall time as may be additional rent hereunder and shall be paid to Landlord by Tenant on demand, and if necessary to cure such failure, Landlord shall be entitled to enter the Premises for such purpose. 18.2 reasonably required. Upon the occurrence of any an Event of such defaultsDefault, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoeverremedies: (i) Terminate this LeaseLease and re-enter and retake possession by legal process, in which event Tenant shall and declare immediately surrender due and payable the entire amount of the Rent then remaining to Landlord be paid under this Lease for the Premises and if Tenant fails balance of the lease term, adjusted to do sopresent value at six percent (6%) per annum, Landlord may, without prejudice to any other remedy which it may have, enter upon and take possession less the fair rentable value of the Premises and expel or remove Tenant and any other person who may be occupying for the Premises or any part thereof under Tenant.balance of the term also adjusted to present value at the rate of six percent (6%) per annum; or (ii) Not terminate Terminate Tenant's right of possession without terminating this Lease and re-enter upon and take retake possession of by legal process, expel Tenant and remove all property therefrom and re-let the Premises and expel or remove Tenant and any other person who may be occupying for the Premises or any part thereof under Tenant, and, if Landlord so elects, make such alterations and repairs as may be necessary to relet the Premises, and relet the Premises or any part thereof, as the agent of Tenant, at the reasonable fair rental value and for such term and subject to such terms and conditions as Landlord reasonably may deem advisable 's account and receive the rent therefortherefrom. Upon each such reletting all rentals received by Landlord from such reletting shall be applied, first, make reasonable efforts to re-let the payment of any indebtedness other than rent due hereunder from Tenant premises to Landlord; second, to a responsible tenant at the payment of any loss and expense of such reletting, including brokerage fees and attorneys’ fees and costs of such alterations and repairs; third, to the payment of the rentals and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future payments of rentals and other charges payable hereunder, as the same may become due and payable hereunderbest possible rent. Tenant agrees shall thereafter be obligated to pay to Landlord on demand any deficiency that may arise by reason of such reletting; notwithstanding any such reletting without termination, Landlord may at any time thereafter elect an amount equal to terminate the rent due under this Lease for such previous breach. (iii) Landlord herewith specifically waives the rights to remaining term, less the amount of any lien rent from any substitute tenant, together with the Landlord's costs of re-letting including, without limitation, the alterations, redecorating and reasonable and customary real estate broker's fees and commissions. For purposes of this remedy, the parties agree that the statute of limitations for non-payment the Landlord's recovery of rent or other sums agreed from Tenant shall not begin to be paid by Tenant herein, including, but not limited to, a waiver run until the expiration of liens on all fixtures, machinery, equipment, furnishings, and other articles of personal property now or hereafter placed in or upon the Premises by Tenant. This waiver includes, but is not limited to, a waiver of Landlord’s general and special liens for rent codified at O.C.G.A. §▇▇-▇▇-▇▇▇, et seq. Landlord agrees that if any lien is asserted against any property of Tenant, in contravention hereof, Landlord shall be liable to Tenant and shall indemnify and hold Tenant harmless for all damages arising out of placing of said lien and the placing of any such lien shall specifically constitute a breach by Landlord original term of this Lease. Landlord may pursue any of the foregoing remedies without precluding itself from pursuing any of the other remedies herein provided or any other remedies provided by law or in equity, except to the extent excluded herein, nor shall the exercise No waiver by Landlord of any remedy herein provided constitute a forfeiture violation or waiver of any rent or other money obligation due to Landlord hereunder or of any damages accruing to Landlord by reason of the violation breach of any of the terms, provisions and covenants of this Lease shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and provisions covenants herein contained. Forbearance by Landlord to enforce one or more of the foregoing remedies herein provided upon an event of default by Tenant shall not be deemed or construed to constitute a waiver of such default or the ability to select which remedy Landlord desires. If landlord incurs reasonable expense, including court costs and attorney fees, as a result of a default by Tenant under this Lease, and pursues one of the remedies set forth above, then such expenses shall be reimbursed by Tenant as Additional Rent, whether or not such default is subsequently cured. (b) If Tenant shall fail to make any payment or perform any act required to be made or performed under this Lease, Landlord, without waiving or releasing any obligation or default, may (but shall be under no obligation to), at any time, and upon reasonable notice to Tenant, make the payment or perform the act for the account of and at the expense of Tenant, and may enter upon the Premises for that purpose and take all actions as may be necessary to correct Tenant's breach. No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all costs and expenses (including, but not limited to, reasonable attorneys' fees and expenses) so incurred, together with interest at the rate of 2% per annum in excess of the prime rate of interest as announced from time to time by The Wall Street Journal from the date of payment, shall constitute additional rent and shall be paid by Tenant to Landlord on demand. (c) In the event Landlord is in default under the terms of this Lease, Tenant may provide written notice of such default to Landlord. Upon the expiration of thirty (30) days following the giving of such notice, if Landlord (i) has failed to cure such default or (ii) in the case of a default (other than the payment of money) which by its nature cannot be completely cured within such thirty (30) day period, Landlord does not within such period commence to cure the default, and diligently pursue and complete the cure in a reasonable period of time, then in either such event Tenant may do all things necessary or desirable to remedy such default and perform the obligations of Landlord which have not been fully or properly performed. Landlord shall immediately upon demand reimburse Tenant for all costs and expenses incurred by Tenant in connection with the foregoing plus interest at the rate set forth in Section 19(b) above and, in addition, if Landlord fails to make such payment within thirty (30) days of Tenant's written demand, Tenant may set off the amount of all costs and expenses incurred by Tenant in connection with the foregoing, plus interest at the rate defined in this Section against rent payment coming due under this Lease, and if at the end of the Term, extend the Lease for a period sufficient to recover such amount. (d) The aforementioned thirty (30) day period of time permitted for Landlord to cure its default and the periods of time permitted for Tenant to cure defaults hereunder shall be extended if the default cannot be cured within the time period allowed herein, so long as such party is diligently and continuously attempting to cure. The cure periods shall also be extended for any period of time during which the defaulting party is delayed in, or prevented from, curing due to fire or other casualty, or acts of God, strikes, lockouts, power shortages or outages, enactment, adoption, or promulgation of new laws, or the application or enforcement of laws. Notwithstanding the foregoing, there shall be no extended period in which to cure a monetary default. 18.3 Nothing in Paragraphs 18.1 or 18.2 hereof affects the rights of the parties under statutory provisions relating to actions for unlawful detainer, forcible entry, and forcible detainer.